FAQs
What protection do scheme participants have against all these sanctions?
There is an internal review process.
Chapter 8 of the government's RHI announcement says
Internal Review
Imposing one of the sanctions described above could have a significant impact upon a person or business, who may have invested a large amount of money on an installation. It is therefore important that there are procedures in place that enable a review of Ofgem’s decisions.
Where Ofgem imposes a sanction, it will be required to inform the person of the decision within a specific time-frame. It must also provide reasons for the decision and outline any available review procedure. Where appropriate, Ofgem will also be required to outline any steps that the person must take towards compliance.
An internal review process will be established in relation to sanctions imposed by Ofgem in its role as administrator of the scheme. We will work with Ofgem to ensure that the internal review process is straightforward and user-friendly, to ensure it is accessible to all.
Some stakeholders have suggested that appeals should be heard by a body or panel independent of Ofgem, as they were concerned that an internal appeal would mean Ofgem hearing an appeal against its own decision. While we appreciate the points made, we feel the extra layer of process and the cost of setting up such a body is unnecessary given the nature of the powers available to Ofgem. We are confident that the internal review process provided with the ultimate backup a judicial review of a decision is sufficient.
